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STATE OF OHIO v. U.S. DEPT. OF ENERGY

No. 89-3329.

904 F.2d 1058 (1990)

STATE OF OHIO, Anthony J. Celebrezze, Jr., Attorney General, Plaintiffs-Appellees, v. U.S. DEPARTMENT OF ENERGY, Defendant-Appellant, John S. Herrington, Secretary of Energy; NLO, Inc.; NL Industries, Inc., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided June 11, 1990.

Attorney(s) appearing for the Case

Jack A. Van Kley (argued), Terrence S. Finn, Timothy J. Kern, Office of the Atty. Gen., Environmental Enforcement Section, Columbus, Ohio, for plaintiffs-appellees.

Roger J. Marzulla, Robert L. Klarquist, J. Steven Rogers, Jacques B. Gelin (argued), U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for defendant-appellant.

Christopher T. Ellison, U.S. Dept. of Justice, Sacramento, Cal., for amicus curiae State of Cal.

Cynthia M. Vagelos, Boulder, Colo., for amicus curiae State of Colo.

Before MARTIN, JONES and GUY, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

This interlocutory appeal requires us to determine whether the United States has waived its sovereign immunity for actions for civil damages under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., and the Clean Water Act, 33 U.S.C. § 1251 et seq. We affirm the district court's decision that sovereign immunity was waived under both statutes.

The United States Department of Energy...

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